AP

Supreme Court temporarily extends access to abortion pill

Apr 19, 2023, 1:46 PM | Updated: Oct 17, 2023, 9:32 am

abortion pill mifepristone pictured...

FILE - Boxes of the drug mifepristone sit on a shelf at the West Alabama Women's Center in Tuscaloosa, Ala., on March 16, 2022. The Supreme Court is deciding whether women will face restrictions in getting a drug used in the most common method of abortion in the United States, while a lawsuit continues. (AP Photo/Allen G. Breed, File)
Credit: ASSOCIATED PRESS

(AP Photo/Allen G. Breed, File)

WASHINGTON (AP) — The Supreme Court has temporarily extended women’s access to an abortion pill until Friday while the justices consider whether to allow restrictions on mifepristone to take effect as a legal challenge to the medication’s FDA approval continues.

In an order signed by Justice Samuel Alito on Wednesday, the court indicated it will act by Friday night.

THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

WASHINGTON (AP) — The Supreme Court is deciding whether women will face restrictions in getting a drug used in the most common method of abortion in the United States, while a lawsuit continues.

The justices are expected to issue an order on Wednesday in a fast-moving case from Texas in which abortion opponents are seeking to roll back Food and Drug Administration approval of the drug, mifepristone.

The drug first won FDA approval in 2000, and conditions on its use have been loosened in recent years, including making it available by mail in states that allow access.

The Biden administration and New York-based Danco Laboratories, the maker of the drug, want the nation’s highest court to reject limits on mifepristone’s use imposed by lower courts, at least as long as the legal case makes it way through the courts. They say women who want the drug and providers who dispense it will face chaos if limits on the drug take effect. Depending on what the justices decide, that could include requiring women to take a higher dosage of the drug than the FDA says is necessary.

Alliance Defending Freedom, representing anti-abortion doctors and medical groups in a challenge to the drug, is defending the rulings in calling on the Supreme Court to let the restrictions take effect now.

The legal fight over abortion comes less than a year after conservative justices reversed Roe v. Wade and allowed more than a dozen states to effectively ban abortion outright.

Even as the abortion landscape changed dramatically in several states, abortion opponents set their sights on medication abortions, which make up more than half of all abortions in the United States.

The abortion opponents filed suit in November in Amarillo, Texas. The legal challenge quickly reached the Supreme Court after a federal judge issued a ruling on April 7 that would revoke FDA approval of mifepristone, one of two drugs used in medication abortions.

Less than a week later, a federal appeals court modified the ruling so that mifepristone would remain available while the case continues, but with limits. The appeals court said that the drug can’t be mailed or dispensed as a generic and that patients who seek it need to make three in-person visits with a doctor, among other things.

The generic version of mifepristone makes up two-thirds of the supply in the United States, its manufacturer, Las Vegas-based GenBioPro Inc., wrote in a court filing that underscored the perils of allowing the restrictions to be put into effect.

The court also said the drug should only be approved through seven weeks of pregnancy for now, even though the FDA since 2016 has endorsed its use through 10 weeks of pregnancy.

Complicating the situation, a federal judge in Washington has ordered the FDA to preserve access to mifepristone under the current rules in 17 Democratic-led states and the District of Columbia that filed a separate lawsuit.

The Biden administration has said the rulings conflict and create an untenable situation for the FDA.

In an order issued last Friday by Justice Samuel Alito, the court put the restrictions on hold through Wednesday to give the court time to consider the emergency appeal.

If the justices aren’t inclined to block the ruling from taking effect for now, the Democratic administration and Danco have a fallback argument, asking the court to take up the challenge to mifepristone, hear arguments and decide the case by early summer.

The court only rarely takes such a step before at least one appeals court has thoroughly examined the legal issues involved.

The 5th U.S. Circuit Court of Appeals in New Orleans already has ordered an accelerated schedule for hearing the case, with arguments set for May 17.

Mifepristone has been available for use in medication abortions in the United States since the FDA granted approval in 2000. Since then, more than 5 million women have used it, along with another drug, misoprostol, to induce abortions.

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

AP

FILE - In this Sept. 16, 2015, photo, a woman in Sullivan City, Texas, who said she entered the cou...

Michael Kunzelman and Mike Catalini, Associated Press

Trump’s birthright citizenship order is put on hold by a second federal judge

A federal judge ordered a second nationwide pause on President Donald Trump’s executive order seeking to end birthright citizenship.

1 day ago

President Donald Trump speaks to reporters as he signs executive orders in the Oval Office of the W...

MICHELLE L. PRICE, AAMER MADHANI and ZEKE MILLER Associated Press

Trump says he’s given advisers instructions for Iran to be ‘obliterated’ if it assassinates him

President Donald Trump says he's given his advisers instructions to obliterate Iran if it assassinates him.

1 day ago

Estee Lauder products on display...

ANNE D'INNOCENZIO AP Retail Writer

Estee Lauder to cut up to 7,000 jobs as sales slide

Estee Lauder said it's expanding its restructuring plan to include from 5,800 to 7,000 job cuts by 2026.

2 days ago

dc plane crash recovery...

Associated Press

Remains of all 67 victims of plane/chopper collision near DC are recovered

The news came Tuesday as crews worked to try to recover the cockpit and other parts of the jetliner from the Potomac River.

2 days ago

Adult education center shooting, Sweden...

STEFANIE DAZIO Associated Press

About 10 killed at adult education center in what officials say is Sweden’s worst mass shooting

At least 10 people, including the gunman, were killed during a shooting Tuesday at an adult education center in Sweden.

2 days ago

This image shows a chicken coop and garden at the home of Sarah Penny in Knoxville, Tenn., in May 2...

Associated Press

Soaring egg prices are piquing interest in backyard chickens

Thinking about backyard chickens as egg prices soar? Think hard, especially in light of the bird flu outbreak.

2 days ago

Sponsored Articles

Full speed through the snow. A man on skis is pulled by his through the snow at full gallop Skijori...

Bear Lake Convention and Visitors Bureau

Get ready for an unforgettable skijoring adventure in Bear Lake!

“Skijoring the Bear” takes place this year on February 21-22 in Garden City, Utah.

the bedroom in a geodesic dome shows the night sky...

Clear Sky Resorts Bryce Canyon

Your front row to an extraordinary cosmos show

As America's first glass dome stargazing resort, Clear Sky Resorts Bryce Canyon is one of the world’s most unique and spectacular places to stay.

2 people huddled up in a blanket and warm clothes sipping hot chocolate...

Bear Lake Convention & Visitors Bureau

The best ways to spend your Christmas vacation in Bear Lake

If you're dreaming of a white Christmas this year, Bear Lake should definitely be on your radar. Read this guide for more!

big crowd of people under holiday lights in an outdoor market...

Western Nut

Our favorite family Christmas activities in Utah

We gathered up a list of our favorite activities, movies, and treats to try this holiday season that the whole family can enjoy.

an IT tech looks at a laptop in front of a server network...

Comcast Business

Tips to protect yourself from phishing attacks

Check out this resource from Comcast Business to learn more about phishing attacks and how to protect yourself from becoming a victim of one.

A surprise gift, wrapped and ready to bring holiday cheer! Whether for Christmas, a birthday, or an...

Western Nut

10 Holiday Gift Ideas to cover everyone on your list

This guide is for you if you need holiday gift ideas that will make a lasting impression. 

Supreme Court temporarily extends access to abortion pill